Change to medical requirements will we need another medical before AOS?

[AmandaandChayne 734]

From uscis site effective 1st November 2018

 

USCIS Policy Manual Update

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record. 

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility. By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application.

Additionally, requiring submission of a Form I-693 that was signed no more than 60 days before the date the underlying application was filed may, in some cases, maximize the period of time Form I-693 will be valid while the underlying application is under USCIS review. Officers will still have the discretion, as they have always had, to request a new Form I-693 if they have reason to believe an applicant may be inadmissible on the health-related grounds. Delays in adjudicating the underlying application will also be reduced if fewer requests for updated Forms I-693 are necessary.

Please see the Policy Alert (PDF) for more detailed information regarding this update and how USCIS will handle a Form I-693 submitted before Nov. 1, 2018. 

Visit the Policy Manual for Comment page for more information on stakeholder review and comments, which are due by Oct. 29, 2018.

[AmandaandChayne 734]

Feel free to move to processes and procedures 

[AmandaandChayne 734]

Ok so if we do need a second medical before filing AOS it raises the following questions:

1. Will medical reports submitted for the first medical still be valid for the second and if not what the heck do we do as any US doctor will not have access to our historic records.

2. Will they accept the vaccination records from our first medical as again any US doctor won’t have access to our historic records.

[Alabamak1 688]

1) The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. 

 

2) the vaccination records stay put for immigration purposes and for USCIS, the vaccination records should be with you and a US doctor if asked, you can hand them over to. It doesn't automatically go to any US-doctor if that was your question

[AmandaandChayne 734]

1 minute ago, Alabamak1 said:

1) The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. 

 

2) the vaccination records stay put for immigration purposes and for USCIS, the vaccination records should be with you and a US doctor if asked, you can hand them over to. It doesn't automatically go to any US-doctor if that was your question

The biggest question is will we need another medical for AOS as per the text above saying the I-693 has to be signed no more than 60 days before filing. Clearly for most of us our k1 medical won’t be within 60 days of filing for AOS 

[Alabamak1 688]

3 minutes ago, AmandaandChayne said:

The biggest question is will we need another medical for AOS as per the text above saying the I-693 has to be signed no more than 60 days before filing. Clearly for most of us our k1 medical won’t be within 60 days of filing for AOS 

easy answer no, because for immigration purposes, your medical will be valid 2 years from the first time you do it . 

 

you first immigration pursuit is the K-1 visa

Edited October 21, 2018 by Alabamak1

[AmandaandChayne 734]

9 minutes ago, Alabamak1 said:

easy answer no, because for immigration purposes, your medical will be valid 2 years from the first time you do it . 

 

you first immigration pursuit is the K-1 visa

Thank you one of my fellow beficiaries has had conflicting advice on another site but I thought this may be the case. Worth asking here 

[hlcjjc 4]

I got worried about this too, so I went and found it in the updated USCIS policy manual: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

 

Quote

Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full immigration medical exam in the United States for purposes of adjustment of status.

 

And: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

 

Quote

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination

 

So it looks like we probably won't need a second medical exam 😊

[Greenbaum 12,259]

2 hours ago, Alabamak1 said:

easy answer no, because for immigration purposes, your medical will be valid 2 years from the first time you do it . 

The medical for the visa is valid for 6 months, and when filing for AOS it is valid for 1 year. The visa validity is tied to the medical. So the closer your medical is to your visa issuance the greater the time to have before departure and entering your POE and visa expiration.

you first immigration pursuit is the K-1 visa

 

[Greenbaum 12,259]

3 hours ago, AmandaandChayne said:

The biggest question is will we need another medical for AOS as per the text above saying the I-693 has to be signed no more than 60 days before filing. Clearly for most of us our k1 medical won’t be within 60 days of filing for AOS 

Just so there is no confusion under these new procedures they do not change anything for the K-1 visa. You will still follow Embassy instructions and current Medical protocol and once in the US you will complete your AOS with the inclusion of the DS-3025, which for a K-1 trumps the I-693 requirement in most cases. Now, if for whatever reason your DS-3025 is not complete then you will need to see a Civil Surgeon to have them complete the vaccinations and to transpose the DS-3025 to the I-693 which will require a separate payment to the CS.

[Alabamak1 688]

 

USCIS Policy Manual Update

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record.

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility. By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application.

Additionally, requiring submission of a Form I-693 that was signed no more than 60 days before the date the underlying application was filed may, in some cases, maximize the period of time Form I-693 will be valid while the underlying application is under USCIS review. Officers will still have the discretion, as they have always had, to request a new Form I-693 if they have reason to believe an applicant may be inadmissible on the health-related grounds. Delays in adjudicating the underlying application will also be reduced if fewer requests for updated Forms I-693 are necessary.

Please see the Policy Alert (PDF) for more detailed information regarding this update and how USCIS will handle a Form I-693 submitted before Nov. 1, 2018.

Visit the Policy Manual for Comment page for more information on stakeholder review and comments, which are due by Oct. 29, 2018.

 

This is from USCIS

Edited October 21, 2018 by Alabamak1

[Wuozopo 4,293]

7 hours ago, AmandaandChayne said:

From uscis site effective 1st November 2018

 

 USCIS Policy Manual Update

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record. 

 

Are you planning to do an I-693? If not (because you already had a visa medical exam) then the validity of an I-693 signature should not apply to you. There are many more other AOS applicants than those adjusting from K1. They will require an I-693 and will follow the rule change that that says the medical can't be older than 60 days when they submit it with AOS. 

 

BUT once again the K1 is not addressed in clarity so officers will interpret it differently. Get ready for more stories of what different officers tell K1s at interview. 

 

This change is because AOS is taking so long and so many people were given RFEs to repeat the medical. They think they will lessen the RFEs, but I think it adds to the vagueness a K1 adjustee experiences.

Edited October 21, 2018 by Wuozopo

[Greenbaum 12,259]

1 hour ago, Wuozopo said:

 

Are you planning to do an I-693? If not (because you already had a visa medical exam) then the validity of an I-693 signature should not apply to you. There are many more other AOS applicants than those adjusting from K1. They will require an I-693 and will follow the rule change that that says the medical can't be older than 60 days when they submit it with AOS. 

 

BUT once again the K1 is not addressed in clarity so officers will interpret it differently. Get ready for more stories of what different officers tell K1s at interview. 

 

This change is because AOS is taking so long and so many people were given RFEs to repeat the medical. They think they will lessen the RFEs, but I think it adds to the vagueness a K1 adjustee experiences.

I agree with your observations.

 

I would recommend that when you submit your AOS as a K-1 that you make copies of the new procedure (see below) especially outlining that there is not a need for the K-1 to submit (unless it doesn't meet the items that I have pointed out and what @Wuozopo mentions in their post). All should be fine without problems.

 

And: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

 

Quote

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination 

 

[Amy & John 30]

In all cases, a Form I-693 signed by a civil surgeon more than 60 days before the applicant files the underlying benefit application is insufficient for evidentiary purposes as of the time of its submission to USCIS. The table below illustrates these scenarios.

 

Can someone please explain how this means we will not have to do another medical?

myself and a few others have interviews next week, sort of freaking out thinking we have to get POE...married..and AOS paperwork all done within 60 days of our medicals we have already had.

 

I know it said its valid for two years... but from my understanding that is only once AOS had been filed.

 

see below its saying our I-693 is not valid after 60 days

 

 

 

 

 

Form I-693 Submitted to USCIS On or After November 1, 2018
When did civil surgeon sign?	I-693 retains evidentiary value through
No more than 60 days before applicant filed underlying benefit application with USCIS	2 years from date civil surgeon signed I-693
After applicant filed benefit application with USCIS	2 years from date civil surgeon signed I-693
More than 60 days before applicant filed benefit application with USCIS	N/A – I-693 not valid at time applicant submits I-693 to USCIS

[AmandaandChayne 734]

3 hours ago, Amy & John said:

In all cases, a Form I-693 signed by a civil surgeon more than 60 days before the applicant files the underlying benefit application is insufficient for evidentiary purposes as of the time of its submission to USCIS. The table below illustrates these scenarios.

 

Can someone please explain how this means we will not have to do another medical?

myself and a few others have interviews next week, sort of freaking out thinking we have to get POE...married..and AOS paperwork all done within 60 days of our medicals we have already had.

 

I know it said its valid for two years... but from my understanding that is only once AOS had been filed.

 

see below its saying our I-693 is not valid after 60 days

 

 

 

 

 

Form I-693 Submitted to USCIS On or After November 1, 2018
When did civil surgeon sign?	I-693 retains evidentiary value through
No more than 60 days before applicant filed underlying benefit application with USCIS	2 years from date civil surgeon signed I-693
After applicant filed benefit application with USCIS	2 years from date civil surgeon signed I-693
More than 60 days before applicant filed benefit application with USCIS	N/A – I-693 not valid at time applicant submits I-693 to USCIS

See in the above messages that K visa don't have to have the medical redone. No need to panic its in the USCIS policy manual that we wont have to have them redone.